Landlord Waived Right to Object to Tenant's Dog

February 20, 2015

LVT Number: #25979

Landlord sued to evict the tenant of a condominium unit for keeping a small dog in the apartment. Tenant claimed waiver because landlord's employees knew for at least two years that she had the dog before landlord took action. Landlord argued that the three-month waiver rule under NYC's pet law didn't apply to condominiums. But since tenant was a renter, the pet law did apply. The court ruled for tenant. The building's groundskeeper had seen the dog both outside the building and at tenant's apartment for at least two years.

Landlord sued to evict the tenant of a condominium unit for keeping a small dog in the apartment. Tenant claimed waiver because landlord's employees knew for at least two years that she had the dog before landlord took action. Landlord argued that the three-month waiver rule under NYC's pet law didn't apply to condominiums. But since tenant was a renter, the pet law did apply. The court ruled for tenant. The building's groundskeeper had seen the dog both outside the building and at tenant's apartment for at least two years. Landlord was deemed to have this knowledge even if the groundskeeper never informed landlord.

Parkchester Preservation Co., LP v. Randolph: Index No. L&T 75992/13, NYLJ No. 1202714114208 (Civ. Ct. Bronx; 1/8/15; Kullas, J)

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